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Fighting Methane Emissions With the False Claims Act

This Comment argues that the False Claims Act (FCA) can now be used to enforce the Inflation Reduction Act's waste emissions charge and its royalties on vented and flared gas. It first explains why, unlike with other environmental violations, dodging either of these fees can trigger FCA liability. It then examines how two possible groups of plaintiffs—industry employees and outside observers—might discover unreported methane emissions and use the FCA against companies that dodge each of the IRA’s methane fees.

88 FR 74179

EPA entered into an administrative settlement agreement under which settling parties will transfer certain mining claims to the purchaser, which will in turn support the purchaser’s efforts to preserve the important historical structures on these mining claims at the Nelson Tunnel/Commodore Waste Rock Superfund Site in Mineral County, Colorado.

88 FR 73841

EPA announced the availability of three near-term strategies the Agency is taking to further implement its obligations and commitments under the Federal Food, Drug, and Cosmetic Act to screen for and protect against endocrine disrupting effects in humans, and seeks additional endocrine data on two groups of active ingredients currently undergoing registration review.

88 FR 73549

The Federal Trade Commission seeks comment on the overall costs, benefits, necessity, and regulatory and economic impact of its labeling requirements for alternative fuels and alternative fueled vehicles.

88 FR 71378

United States v. Dravo Corp., No. 8:01-cv-00500-JFB-TBT (D. Neb. Oct. 10, 2023). Under a proposed consent decree, a settling CERCLA defendant must pay $131,067 for response costs incurred and to be incurred by EPA at the Hastings Groundwater Contamination Superfund site.

88 FR 71041

The Office of Science and Technology Policy seeks information to assist in developing a coordinated federal strategy to identify and address gaps in science, data, and research related to environmental justice.

88 FR 70310

The Internal Revenue Service proposed regulations that would provide guidance regarding certain clean vehicle credits as established by the Inflation Reduction Act.

88 FR 69959

United States v. Smith and Edwards Co., No. 1:23-cv-00108-HCN (D. Utah Sept. 29, 2023). Under a proposed consent decree, settling CERCLA defendants will pay $2,290,065 and $300,000 to reimburse EPA’s response costs in connection with an emergency removal action at the Ogden Swift Building Superfund site in Ogden, Utah, and settling federal agencies will pay $2,290,065 to resolve a potential counterclaim against the United States.

88 FR 69673

United States v. Stepan Co., No. 2:23-cv-20769-KM-JRA (D.N.J. Sept. 29, 2023). Under a proposed consent decree, a settling CERCLA defendant must perform response actions to address chemically contaminated soils at the Maywood Chemical Company Superfund site, pay future oversight costs, and pay $362,853.28 to the United States and $15,593.62 to New Jersey Department of Environmental Protection for past costs.

88 FR 68672

United States v. Shell Oil. Co., No. 83-cv-2379 (D. Colo. Sept. 28, 2023). A proposed amendment to a consent decree changes the manner in which a settling CERCLA defendant will pay oversight costs for Army-led environmental cleanup activities at the Rocky Mountain Arsenal, and fully resolves those costs.